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  • satishku_2000
    08-02 02:54 PM
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  • motown
    10-21 10:50 PM
    I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated


    AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link

    http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

    I am not an attorney. Use it at your own risk.
    Good Luck.

    Motown





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  • royus77
    05-10 09:45 PM
    I took an appointment on friday and its working fine. May be because of the week end some issues with the website. try with IE . by the way VFS/USICS visa procedure is far better than extending your passport . ...





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  • the_jaguar
    03-25 01:48 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.



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  • MatsP
    January 30th, 2008, 03:12 PM
    One piece of advice might be to go for something much less expensive first, to see if you actually like digital photography - the second hand prices are pretty abysmal for these things, so unless you think you are a really good salesman when it comes to selling your old stuff on E-bay or such, it would be less of a risk to you to get either a used P&S or a new, less expensive model.

    There are many things that make a difference between a DSLR and a "Advanced P&S" (Pro-sumer P&S or whatever you like to call the category that the Sony ends up in). But in the end, there's only a few of those that actually show in the photos:
    1. noise levels - the smaller sensor on the P&S (about half the size compared to the DSLR) means more noise in the picture, especially at high ISO [when you take pictures in rather dark circumstancs].
    2. The flexibility in focal length - the P&S has a fixed optical system, you can't really change it [yes, you can buy extra lenses to screw on the front and such, but it's really not that great]. This shows up, usually, more at the wide-angle end than on the telephoto end. The Sony here has a 31-465mm equivalent lens. That's pretty good, but 31mm is on the "narrow end of wide-angle", and you don't really have much choice to fix that. 465mm is plenty for most people.

    It's your money, so you spend it as you like :)

    --
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  • godbless
    07-18 09:08 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.

    As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.



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  • vandanaverdia
    09-10 01:42 PM
    Trying to keep this thread alive....





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  • DareYouFireMe
    03-09 03:52 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


    Document URL
    http://www.uscis.gov/files/pressrele...22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification



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  • billu
    08-06 06:15 PM
    Folks, Let us not use this forum for non-immigration matters.

    i have seen numerous posts in his forum about finances, real estate, phone cards, exchange rates,courier services and even jokes.....whats wrong with asking a fellow desi's opinion on indian channels under interesting topics??we live in an area mostly populated by americans and do not have any desi people around. i thought this was a good forum to take opinion of fellow desis. if you think it is against the forum rules, you can take this off.





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  • macml
    01-26 10:45 PM
    Okay thanks for you advice.. Well, before I got married my wife was on an exchange school visa and after school she had an extra year to find work. Not exactly sure the types of visa. But we got married while she was still on one of her visas. Her visa just recently expired, but is there a need to file an I-130 along with the other green card applications? I understand k1's and k2's don't need to.



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  • Lasantha
    02-18 12:25 PM
    First of all I am sorry to hear this.

    I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
    The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
    I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.


    Hi all,
    I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
    New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
    Please suggest my any options I have for not losing I-485 and EAD.





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  • karthkc
    05-24 12:38 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate



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  • Rohan99
    10-29 01:27 PM
    thanks for reply,
    One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
    My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.

    Thank you..


    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.





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  • umangini
    04-13 07:23 PM
    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks



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  • gc_chahiye
    10-09 04:22 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]

    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.

    Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
    A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
    USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July





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  • MArch172008
    06-16 05:03 PM
    IS any one processing two GC process one with the current employer and other based on future employment with other employer ?

    regards



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  • abhi_jais
    12-04 03:24 PM
    Bharmohan and Mukesh:

    What happened to your case? Is it still pending or you got it stamped?

    Please let us know.





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  • razis123
    06-02 04:34 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk

    I am in a similar situation.Somebody please give advice on this
    Thanks in advance





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  • intheyan
    10-17 08:46 PM
    We got our checks cashed. We submited at Nebraska service center on july 2nd by 9.01 am signed by R.micheals. We got our case transfered to Texas and got our checks chased on october 16 th. The receipt started with SRC and it had 13 digits but when I quired my status online it said receipt error. May be thier is some wait time to get updated into thier online case status check.





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